Chris Mizzo is a trial lawyer who focuses on complex commercial and intellectual property litigation. He has tried high-stakes, bet-the-company cases in federal and state courts and before the International Trade Commission. Chris represents clients in a broad range of industries and has experience in a wide variety of technologies including pharmaceuticals, medical devices, razor blades, mobile phones, semiconductors, and computer software and systems. Chris also has extensive experience in all phases of litigation, including as lead trial counsel.
As lead trial counsel in an ANDA case in Delaware, Chris successfully defended the validity of a combination patent in a week-long trial for client ViiV Healthcare and helped protect ViiV’s brand anti-HIV medicine Epzicom® through patent expiry. In the high-tech arena, Chris recently helped client Samsung achieve a complete victory against Nvidia, who initially asserted seven patents against Samsung, but was subsequently forced to drop patents and the remaining patents were found a combination of not infringed and invalid.
In 2014, Chris was named a “Rising Star” by Law360.
Trial counsel for Samsung against Nvidia in two ITC actions concerning graphics processing units (GPUs). In the first case, Samsung was a Respondent in which Complainant Nvidia asserted seven patents. We tried the case in June 2015, resulting in a victory for the client; the ALJ found no violation based on a combination of non-infringement and invalidity; the Commission then adopted that result as its own, affirming the victory. In helping to achieve this result, among other things, Chris argued terms at the Markman hearing that caused the dismissal of a patent and cross examined an expert witness at trial that directly led to the dismissal of a second patent during trial.
In the second case, Samsung was the Complainant and asserted three patents. We tried that case in August 2015, resulting in another victory for the client; the ALJ found Nvidia violated all three patents and recommended issuance of a limited exclusion order (LEO) against certain Nvidia products; the Commission has granted only partial review as to one patent, essentially affirming the LEO against Nvidia. In helping to achieve this win, among other things, Chris put up two witnesses at trial in support of one of the patents for which an LEO will issue.
Lead counsel for patent owner ViiV Healthcare in an inter partes review (IPR) concerning an anti-HIV combination patent. Obtained a favorable settlement before the hearing.
Lead trial counsel for ViiV Healthcare in Hatch-Waxman patent infringement litigations to protect Epzicom® and Trizivir® brand anti-HIV medications against a number of generic drug companies. Successfully defended the validity of the anti-HIV combination patent at trial and obtained a stay of FDA approval of the generic version of Epzicom® until after the patent expires. The Federal Circuit upheld these victories on appeal. Also obtained favorable settlements resolving disputes with subsequent generic company challengers.
Trial counsel for Complainant Samsung against Respondent Ericsson in an ITC action covering 4G wireless communication technologies. Tried the case in 2013 and obtained a favorable settlement before the ALJ’s initial determination.
Trial counsel for leading consumer electronics and software company against HTC in district court and the ITC to protect smartphone technologies. After a several week trial, obtained and enforced an exclusion order barring HTC’s infringing products from importation into the U.S. After HTC violated the order and began importing its infringing products again, brought an enforcement action on behalf of our client, resulting in a favorable settlement before trial.
Lead trial counsel for GlaxoSmithKline and ViiV Healthcare in Hatch-Waxman patent infringement litigation to protect Combivir® brand anti-HIV medication. Obtained favorable settlements against multiple generic companies.
Trial and appellate counsel for GlaxoSmithKline against the USPTO in what Managing Intellectual Property recognized as the U.S. Patent Case of the Year in 2009. Won preliminary and permanent injunctions before the district court, precluding the implementation of the Patent Office's controversial, sweeping rules that would have limited, among other things, the number of patent claims, continuing applications, and RCEs an applicant may file. Preserved the injunction on appeal to the Federal Circuit and won rehearing en banc. Eventually, the USPTO abandoned its proposed rules, resulting in dismissal of this landmark challenge.
Memberships & Affiliations
American Bar Association
S.M. Knowles and F.C. Mizzo, "The USPTO's Proposed Rule Changes & GlaxoSmithKline's Challenge to the Rules", The Sedona Conference, 2008
B.M. Wexler and F.C. Mizzo, "Unpublished Opinions Rising, But Do They Help?", New York Law Journal, February 11, 2002
Presented on the topic "The PTO's New Rules Are Void: GlaxoSmithKline v. Dudas – Stories from the Front," 15th Annual Kirkland & Ellis Technology & Law Seminar, Chicago, IL, May 16, 2008
Panelist for "Open Forum: Ask the Judges About Patent Litigation," 13th Annual ALI-ABA Trial of a Patent Case, Chicago, IL, September 30, 2005
Fitzpatrick, Cella, Harper & Scinto
2000, United States Court of Appeals for the Federal Circuit
2002, United States District Court for the Southern District of New York
2002, United States District Court for the Eastern District of New York
2012, United States Court of Appeals for the Third Circuit